Fish officer among crew on Viarsa

August 31, 2003 — 10.00am

Uruguay has demanded the return of an official on board the Viarsa and his laptop computer, which could hold vital evidence on whether the vessel was fishing illegally in Australia's Antarctic Fishing Zone.

A spokesman for Foreign Minister Alexander Downer said the request for the return of Uruguayan fisheries officer Eduardo Merello was being considered.

The Australian patrol boat Southern Supporter pursued the Uruguayan-registered Viarsa for 21 days and 7400 kilometres across the Southern Ocean after it was spotted near Heard Island on August 7.

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The Viarsa was boarded with the help of armed South African officers on Wednesday and an investigation is under way to find out if it was fishing illegally within the zone for the prized Patagonian toothfish.

If information was logged accurately in the laptop and notebooks they could prove crucial in determining the guilt or innocence of the Viarsa's crew.

The director of Uruguay's Aquatic Resources Department, Yamandu Flangini, said the laptop and other material taken from Mr Merello were Uruguayan Government property and must be returned.

Captain Flangini admitted that the information stored on the laptop could prove whether the Viarsa was fishing illegally.

But The Sunday Age believes Mr Merello is unlikely to be sent home until investigators find out what he knows about the Viarsa's activities inside the fishing zone.

Mr Merello's laptop and notebooks were early targets of the Australian fisheries and customs officers who boarded the Viarsa with armed South African fisheries officers and security personnel.

Australian officials told The Sunday Age that Mr Merello's presence aboard the Viarsa made the whole episode much more sensitive.

John Davis, manager of compliance operations with the Australian Fisheries Management Authority, said this was the seventh vessel apprehended after allegedly fishing illegally.

"The most unusual thing about this one is that there's a government official on board," he said.

"Just simply sending him home won't get to the bottom of what's happened. We need to talk to him as part of the investigation."

Mr Davis said the laptop might well be secured as evidence.

"Under our (laws) we are entitled to break open, seize, detain, secure remove anything we have reasonable grounds to believe would constitute evidence and part of the investigation," he said.

Mr Davis said the Viarsa would be refuelled at sea off Cape Town then head for Fremantle, arriving late in September.

When the Viarsa was discovered it was 180 nautical miles inside the Australian fishing zone and about 32 kilometres off the shore. It flew no flag, carried no name and ignored requests to stop, which gave the crew of the Southern Supporter reasonable grounds for believing an offence may have been committed. They then pursued the Viarsa.

If charged and convicted, the Viarsa's captain and crew face fines of up to $500,000 and up to 12 months in jail.